Read the full stored bill text
HB2825 - 572R - H Ver
House Engrossed
fines; fees;
assessments; restitution; nonpayment
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2825
AN
ACT
AMENDING SECTION 13-810, ARIZONA
REVISED STATUTES; RELATING TO FINES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Section
13-810, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-810.
Consequences of
nonpayment of fines, surcharges, fees, assessments, restitution or
incarceration costs; civil default determination; definition
A. In addition to any other remedy provided by law,
including a writ of execution or other civil enforcement, if a defendant who is
sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration
costs defaults in the payment of the fine, surcharge, fee, assessment or
incarceration costs or of any installment as ordered, the court, on motion of
the prosecuting attorney or on its own motion,
shall require the
defendant to show cause why the defendant's default should not be treated as contempt
and
may issue a summons
or a warrant of arrest
for
the defendant's appearance
at a hearing to determine the
defendant's ability to pay the previously ordered fine, surcharge, fee,
assessment or incarceration costs. The court shall not issue a warrant of
arrest for the defendant's failure to appear at this hearing
.
B. In addition to any other remedy provided by law,
including a writ of execution or other civil enforcement, if a defendant who is
ordered to pay restitution defaults in the payment of the restitution or of any
installment as ordered, the court, on motion of the prosecuting attorney, on
petition of any person entitled to restitution pursuant to a court order or on
its own motion,
shall require the defendant to show cause why the
defendant's default should not be treated as contempt and
may issue a
summons
or a warrant of arrest
for the defendant's
appearance
at a hearing to determine the defendant's ability to
pay the previously ordered restitution.� The court shall not issue a warrant of
arrest for the defendant�s failure to appear at this hearing
.
C. In addition to any other remedy
provided by law, including a writ of execution or other civil enforcement, the
court, on receipt of a petition and issuance of an order to show cause, has jurisdiction
to preserve rights over all restitution liens entered pursuant to section 13-806,
subsection B, and perfected pursuant to section 13-806,
subsection E.
C. If the court orders a hearing for
nonpayment of a fine, a surcharge, a fee, an assessment, restitution or
incarceration costs and the defendant fails to appear, the court shall not
issue a warrant of arrest but may enter a civil default determination of
nonpayment.� On entry of the civil default determination, this state or the
person entitled to restitution may pursue any civil collection remedy without
further court order.
D. At any hearing
on the order to show
cause
for nonpayment of a fine, a surcharge, a fee, an
assessment, restitution or incarceration costs,
the court, the
prosecuting attorney or a person entitled to restitution may examine the
defendant under oath concerning the defendant's financial condition, employment
and assets or on any other matter relating to the defendant's ability to pay
restitution.
E. If the court finds that the defendant has
wilfully failed
the present ability
to pay
a fine, a surcharge, a fee, an assessment, restitution or incarceration costs
or finds that the defendant has intentionally refused to make a good
faith effort to obtain the monies required for the payment
, the court
shall find that the default constitutes contempt and
may do any
of the following:
1. Order the defendant incarcerated in
the county jail until the fine, surcharge, fee, assessment, restitution or
incarceration costs, or a specified part of the fine, surcharge, fee,
assessment, restitution or incarceration costs, is paid.
2.
1.
Refer
the defendant for revocation of probation, parole or community supervision as
authorized by law.
3.
2.
Enter
an order
pursuant to section 13-812. The levy or
execution for the collection of a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs does not discharge a defendant who is
incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution
or incarceration costs until the amount of the fine, surcharge, fee,
assessment, restitution or incarceration costs is collected
for a civil enforcement remedy
.
4.
3.
Order
the defendant to perform community restitution.
F. If the court finds that the
default
is not wilful and that the
defendant cannot pay
despite
sufficient good faith efforts to obtain the monies
, the court may take
any lawful action including:
1. Modify the manner in which the restitution, fine,
surcharge, fee, assessment or incarceration costs are to be paid.
2. Enter any reasonable order that would assure
compliance with the order to pay.
3. Order the defendant to perform
community restitution.
3.
4.
Enter
an order
pursuant to section 13-812. The levy or
execution for the collection of a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs does not discharge a defendant incarcerated
for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration
costs until the amount of the fine, surcharge, fee, assessment, restitution or
incarceration costs is collected
for a civil enforcement
remedy
.
G. If a fine, a surcharge, a fee, an assessment,
restitution or incarceration costs are imposed on an enterprise it is the duty
of the person or persons authorized to make disbursement from the assets of the
enterprise to pay them from those assets
, and their failure to do
so shall be held a contempt unless they make the showing required in subsection
A or B of this section
.
If the person or
persons authorized to make disbursement from the assets of the enterprise fail
to make the payment, the court, on motion of the prosecuting attorney, on
petition of any person entitled to restitution pursuant to a court order or on
its own motion, shall require the defendant to show cause why the defendant's
default should not be treated as contempt.
H. If a defendant is sentenced to pay a fine, a
surcharge, a fee, an assessment, restitution or incarceration costs, the clerk
of the sentencing court, on request, shall make the defendant's payment history
available to the prosecutor, victim, victim's attorney, probation department
and court without cost.
I. On the issuance of a summons for a
hearing under this section, the court shall provide the defendant with a
written notice, in plain language, that states all of the following:
1. That the purpose of the hearing is
to determine whether the defendant has the present ability to pay and has
wilfully refused to pay.
2. That the defendant has the right
to present evidence of financial hardship, including any evidence listed in
section 13-825.
3. That no person may be incarcerated
solely because of the person's inability to pay a fine, a surcharge, a fee, an
assessment, restitution or incarceration costs due to indigence.
J. A defendant against whom a civil
default determination has been entered may move the court to set aside the
determination and any resulting civil enforcement remedy. The court
shall stay pending enforcement actions if the defendant demonstrates that the
defendant did not receive actual notice of the hearing, that the defendant's
failure to appear was due to excusable neglect or circumstances beyond the
defendant's control or that the defendant is indigent and the civil enforcement
remedy creates an undue hardship on the defendant or the defendant's legal
dependents.� If a civil default determination has been entered:
1. Any monies that are recovered by
the state pursuant to a valid civil default determination shall not be returned
to the defendant.
2. On setting aside a default
judgment, the court shall schedule a hearing pursuant to subsection A or B of
this section.
3. If the defendant fails to appear
at the newly scheduled hearing after receiving proper notice, the court shall
immediately reenter the civil default judgment, and the state may resume all
civil enforcement remedies without further delay.
4. A defendant may not move to set
aside a second default judgment that is entered
within
one year of a prior default judgment for the same underlying obligation unless
the defendant proves by clear and convincing evidence that the second failure
to appear was due to an extraordinary medical emergency or other catastrophic
event.
K. For the purposes of this section,
"Civil Enforcement Remedy
" includes
any of the following:
1. Restitution liens pursuant to
section 13-806.
2. Garnishment pursuant to section 13-812.
3. Participation in a liability
setoff program established pursuant to section 42-1122.
4. The interception of winnings
pursuant to Title 5.
5. Any other civil remedy that is
authorized by law for the collection of a debt, judgment or monetary
obligation, whether currently existing or hereafter enacted.
END_STATUTE